9911796707
TMI Blog2022 (4) TMI 872X X X X Extracts X X X X X X X X Extracts X X X X ..... offence under section 138 of the Negotiable Instruments Act. The respondent filed a complaint under section 138 of the Negotiable Instruments Act with the following allegations:- The complainant and the accused are doing jewellery business and they were known to each other for several years. In the course of the above said business transactions, the petitioner alleged to have received money in respect of STC No.2514 of 2019. The amount involved is Rs. 5,00,000/-. That amount was received as hand loan, on 06/01/2019. He assured to repay the same within a period of five months. On the date of the above said loan transaction, towards discharge of the liability, he issued the posted dated cheque drawn on City Union Bank, Usilampatti, by puttin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agreement was also executed between the parties and the petitioner agreed to pay the interest at Rs. 1.50/- per month per 100/- and he promised to repay the same within a year. After several demands, he issued a cheque on 13/06/2019, for Rs. 14,00,000/- drawn on City Union Bank, Kovilpatti and it was presented, on 13/06/2019 for payment and that was also returned as 'not drawn with'. After completing the legal formalities, the private complaint is filed. 6.Heard both sides. 6.During the course of argument, it was brought to the notice of this court that in all the cases, PW1 was examined and the Bank Manager was also examined, But the Bank Manager was not cross examined. 7.The ground on which these petitions came to be filed is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nowing fully that he has no sufficient fund in the account, he has issued the cheque, which has been dishonoured and he is also ready to prove the insufficiency of funds during the course of evidence. He would further submit that so far, two witnesses have been examined in all the cases. The Bank Manager was also examined. But no cross examination was undertaken by the petitioner so far. Without cross examining the witnesses, these three petitions came to be filed. The Bank Manager has given a statement to the effect that after introduction of core banking system, the cheques which are presented for payment will not be forwarded or referred to the concerned bank. But it will be forwarded through Internet to the Central Collection Unit for h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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